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July 09, 2009

Santa Clara DA Sorta Kinda Defends Former Prosecutor

It wasn’t quite a non-denial denial, but the Santa Clara County district attorney’s office came pretty close with their Monday statement defending a former prosecutor (now judge) who was criticized last week in a state Supreme Court referee’s report.

Superior Court Judge Joyce Allegro prosecuted Miguel Bacigalupo for a double homicide in 1987, when she was a deputy district attorney, and according to the report withheld crucial evidence from the defense that could have supported Bacigalupo’s claim that he was forced by a drug cartel to commit the murders.

The statement from DA spokesman Nick Muyo said that the offices of the DA and attorney general both “have not determined that any misconduct or error of legal significance occurred in this prosecution.” (Which sounds slightly weaker than saying “have determined that no misconduct or error occurred.”)

“Were that the case,” the statement continues, “those issues would be conceded and steps voluntarily taken to modify these convictions and/or the sentence imposed.”